WAC 192-250-025   What are the requirements for employers with an approved shared work plan?  (1) What information am I responsible for providing to my employees? When your shared work plan is approved, you are responsible for telling your employees:

     (a) They are approved for participation in the shared work program;

     (b) How to apply for shared work benefits; and

     (c) How to file their weekly claims.

     (2) What employee fringe benefits do I have to provide while participating in the shared work program?

     (a) You must continue to provide your employees with health benefits and with retirement benefits for defined pension plans under Section 3(35) of the Employee Retirement Income Security Act of 1974. You must maintain these benefits for your shared work employees as though their weekly hours had not been reduced.

     (b) You must continue to provide paid vacation, holiday, and sick leave on the same basis as before their hours were reduced.

     (c) Other benefits such as long-term disability and life insurance are optional. You may choose to provide these benefits but they are not a requirement for participation in the program.

     (3) What is required if the business name is changed? You must report any change in your business name to the shared work program unit within ten working days.

     (4) What is required if the designated employer representative is changed? You must notify the shared work unit of the change within ten working days.

     (5) Can I modify an approved shared work plan? Answering "yes" to plan modification on your application allows additional employees or units of your business to be added after the approved plan start date. You may also modify the number of hours an employee works during a week according to the needs of your business. Adding new employees or units to an approved plan is subject to the same eligibility review that applied to the original plan.

     (6) Can I change the definition of full-time work for my employees? No. Once you have established the number of hours that are full-time for the worker on the original application, this number may not be modified.

     (7) What other information am I responsible for giving the department? In addition to the application for participation in the program, you are responsible for verifying the information on the report of shared work payments sent by the department. You must report any discrepancies to the shared work unit in writing within ten working days.

     (8) How many shared work plans may I have?

     (a) You may have two shared work plans within a three year period beginning with the effective date of the first plan. We will review each shared work plan application to see if it meets the eligibility requirements. Even if a previous plan was approved, this does not mean subsequent plans are automatically approved.

     (b) You will not be eligible for a new plan until at least twelve months after the expiration date of the second approved plan.

     (c) A plan may be approved for up to twelve months from the effective date. Plans approved for fewer than twelve months still count as one plan.

     (d) If your business is approved for a shared work plan, but your employees do not claim shared work benefits during the life of the plan, it will still be treated as one plan.

     (e) The commissioner may, in individual cases and at his or her discretion, waive the twelve month waiting period in subsection (b).

     (9) What if my ES reference number changes? You must report the change to the shared work unit within ten working days. A change in ES reference number represents a change in employer and the existing shared work plan will be canceled. The successor employer may submit a new shared work plan application to the department for review.



[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.60.901. 06-22-004, § 192-250-025, filed 10/19/06, effective 11/19/06.]